Family Law - Chapter 4 - Property #3 Quiz
Read pages 253 through page 281 of Chapter 4- Property Rights in your Family Law Textbook, then answer the following questions

1. What must the court do if it orders property to be held by the parties as tenants in common? see page 254 middle of page?

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2. If the division of property is premature at the time of trial, what can the court do with the property? page 254

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3. Which kind of property division does the court prefer and why? page 254

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4. When will the court allow an un-equal distribution of community property between the parties? see page 255.

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5. When will the court generally not sell an asset? what is the standard, and how do they rectify that? page 255/256

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6. What does "spouse neutral" mean and how does the court distribute these property assets? see page 256.

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7. Can the court "affect" the title of "out of state property" under FC 2660, why or why not?

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8. Where the property is under $50,000 value, what can the court do to resolve the distribution of this property? see page 256.

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9. What can a spouse do to prevent the other spouse from deliberately acting to devalue an "asset of the community" - see page 257.

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10. When does the court recognize the value of a professional practice and personal service business, at the time of separation or time of trial, and why? see page 258.

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11. What is the "actuarial present day value" of a retirement benefit, and how is it calculated? see page 258.

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12. What are the two ways a spouse can pay the non employee spouse off their portion of the retirement benefits? see page 258

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13. Explain how the "time rule" applies in the calculation of equitable distribution of retirement benefits. see page 259.

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14. When may the court deviate from the standard "equal division rule" pursuant to FC 2602. see page 261

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15. if debts exceed community property assets, what does the court do to divide the debts? what standard is applied? see page 261

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16. What is apportionment? see page 264

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17. How is the value of community property increased in value in the Pereira case contrasted with the Van Camp case? see page 265.

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18. Show how the court applies the Perera valuation, and how it is calculated? see page 266

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19. Show how the court applies the Van Camp valuation, and how it is calculated? see page 266.

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